DEVENDRAKUMAR HIRALAL DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Revision Application is filed under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973 (hereinafter referred as the Code for short) being aggrieved and dissatisfied by the order dated 19.6.2007 passed by learned Special Judge, Sabarkantha at Himatnagar below Exh.84 in Special Case No.1 of 2001.

(2.) After preliminary hearing of this application, by order dated 28.6.2007 notice to respondent No.1 was ordered to be issued and meanwhile, interim relief in terms of para 6(iii) qua the petitioner was granted. Thereafter, by order dated 26.7.2007, rule was ordered to be issued and interim relief granted earlier was ordered to continue till then.

(3.) Today, at the time of hearing this matter finally, learned advocate for the applicant has submitted that the order passed by learned Special Judge impleading the petitioner as accused and directing the prosecuting agency to get sanction order to prosecute the petitioner is apparently illegal and unwarranted.